Directing Military Operations

Abstract

This Comment to Professor Saikrishna Prakash's article The Separation and Overlap of War and Military Powers, disagrees with Prakash's contention that the Constitution does not grant the President any exclusive military powers. In particular, it takes issue with Prakash's view that Congress's constitutional power "to make Rules for the Government and Regulation of the land and naval Forces" gives Congress all-encompassing military power. It finds that although the Constitution grants Congress the authority to pass standing laws regulating general military conduct, the Constitution does not grant Congress the power to direct battlefield operations. Comparing the Constitution's language to that of its predecessor, the Articles of Confederation, it argues that the President alone has the power to direct military operations, and congressional attempts to exercise such authority would be unconstitutional.

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